Key Facts
- •Students at the University of Birmingham set up protest camps (Green Heart (GH) and Chancellor's Court (CC)) to protest against the University's alleged complicity in Israeli actions in Gaza.
- •The University sought possession orders against the protesters, initially described as 'persons unknown', under CPR Part 55.
- •The protesters presented six demands related to investment transparency, divestment from companies involved in the Israeli occupation, and protection of the right to protest.
- •The University issued notices to quit but did not seek an injunction before initiating legal proceedings.
- •The hearing involved approximately 20 students and members of the public; one student represented the protesters.
- •Evidence included witness statements, social media posts, security logs, and the University's Code of Practice on Freedom of Speech.
- •Allegations of vandalism, intimidation, and disruption of University events were made.
- •The University argued that the students’ rights under the Human Rights Act 1998 and the Education Act 1986 did not justify trespassing.
Legal Principles
Possession claims against trespassers under CPR Part 55.
CPR Part 55
Human Rights Act 1998 (HRA) and its compatibility with Convention rights (Article 10: freedom of expression; Article 11: freedom of assembly and association).
Human Rights Act 1998
Education Act 1986, Section 43: Universities' duty to secure freedom of speech.
Education Act 1986
Higher Education (Freedom of Speech) Act 2023: Duties of registered higher education providers to protect and promote freedom of speech.
Higher Education (Freedom of Speech) Act 2023
Case law concerning protests on private land and the balance between freedom of expression/assembly and property rights (McPhail, Appleby, Djemal, Meier, SOAS, UoB, Ineos, Cuciurean).
Various Case Laws
Outcomes
Granted limited possession orders.
Insufficient evidence to justify possession against students at GH due to arguable defences related to the HRA and Education Acts. Possession granted against non-students on the Edgbaston campus and against all persons at CC due to evidence of vandalism and intimidation.
Adjourned the remaining applications.
To allow the students to obtain legal representation and present evidence.
Allocated the claim to the multi-track.
Complexity of the issues.